New York SESA Tracker

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USCISisMockery said:
I think you are wrong. Its 485 stage where EB2-EB3 matters. USCIS assigned specific no. of green cards for each category. So current visa no. retrogression applies you. Correct me if I am wrong.
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So if I choose consular processing ( which does not require 485) there would be ne difference between EB2 and EB3 ?
 
USCISisMockery said:
I think you are wrong. Its 485 stage where EB2-EB3 matters. USCIS assigned specific no. of green cards for each category. So current visa no. retrogression applies you. Correct me if I am wrong.
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USCISMonkey - what you are saying is right. But if you follow our thread of posts (LaborPains and mine) I am answering the question of if PDs are current is there any difference? And the answer to that question is "No"
 
Hey Gulahmh1, I suppose your labor was files with a company 'X' and switched to a company 'Y' and applied for 7th Yr extension from 'Y' using the reason that labor from 'X' is filed for more than a Year. Is that correct ? Is so, Is it possible, How do you show the proof ?
 
JustWatching said:
I think you need to ckeck this out. If you stop working on the 31st you would be out of status. You may want to apply for B1/B2 or something like that. You should really ask an immigration attorney about this.
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If i apply for B1/B2 does than mean I have to apply for a new H1 or can I still transfer my old H1
 
Labor certification delays

Only way out seems to be Canada, but lets assure everybody that we won't let go without fight. Its mere exploitation. They are trying to test our patience. I still can't believe they will implement PERM joke without eliminating
existing files. On top of that we have Visa number retrogression. And last but not least (and most important) they will process RIR and regular application in same queue.
Its satirical that no lawyer has any idea about whole of these new initiatives by DOL (BEC, NPC, PERM...).

Don't think that somebody will speak about it and everything will be fixed/solved. Nobody cares about you, its you who fights for yourself. If eventually we have to leave then why not let DOL/USCIS realize (do they ever ?) that we were important part of the society in every way.Please show your support here:

thread for "action against labor certifcate delays"
 
Labor certification delays

USCISisMockery said:
Only way out seems to be Canada, but lets assure everybody that we won't let go without fight. Its mere exploitation. They are trying to test our patience. I still can't believe they will implement PERM joke without eliminating
existing files. On top of that we have Visa number retrogression. And last but not least (and most important) they will process RIR and regular application in same queue.

Don't think that somebody will speak about it and everything will be fixed/solved. Nobody cares about you, its you who fights for yourself. If eventually we have to leave then why not let DOL/USCIS realize (do they ever ?) that we were important part of the society in every way.Please show your support here:

thread for "action against labor certifcate delays"
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Reality check here, many of us here are "Raj"
 
BEC Theory - with NY info

I posted the message below in the Philly BEC but I wanted to add specific comments about NY....

.....................................................................................................

A POTENTIAL SCENARIO – TO BE CLEAR: I MADE THIS UP. I DIDN’T READ IT ANYWHERE AND IT IS ENDORSED BY NO ONE. IT DESCRIBES WHAT I THINK MAY HAPPEN. DATES ARE MY ESTIMATES

1) San Francisco and Philadelphia Regional entered into the system. - DONE
2) San Francisco and Philadelphia Regional 45-day letters being sent out. - NOW
3) Letters start coming back. Create PD FIFO of both SF and Philly Region - NOW
4) Atlanta Regional being entered into the system - NOW
5) San Francisco and Philadelphia Regional 45-day letters completely sent out. - DONE
6) Begin processing of oldest SF and Philly Regional cases – mid February 2005
7) Atlanta Regional cases entry completed. – end of February 2005
8) All SF and Philly Regions letters received and added to PD FIFO – March 2005
9) Atlanta Regional letters sent out. – March 2005
10) SWA cases begin entering into the system – March 2005
11) Atlanta Regional letters come back – April 2005
12) Processing now includes Philly, SF and Atlanta regions processing oldest cases first – April 2005
13) SWA letters begin to be sent out – April 2005
14) SWA letters begin to come back and added to PD FIFO – May 2005
15) Processing is now by PD FIFO which includes Philly, SF, Atlanta Regions and SWAs that have been entered into the system. – May 2005
16) All SWAs entered into the system – March 2006
17) All letters sent out. – April 2006
18) Processing is now true PD FIFO – all states all regions. – April 2006

Conclusions:

a) Some Philly, SF and Atlanta regional cases will get lucky and get processed ahead of some national (at least those that are bound to Philly BEC) older cases. As of May 2005 (IN MY PRETEND SCENARIO), older cases from SWAs such as Connecticut, DC, Georgia, Maryland, NJ, NY, and Alabama would jump to the front of the line.

b) If they data enter SWA cases from oldest to newest, true PD FIFO would be achieved by May 2005 (IN MY PRETEND SCENARIO)

DISCLAIMER: IT IS JUST A THEORY SO DON’T TAKE IT PERSONAL AND PLEASE COMMENT.

................................................................................................

So to NY what does this mean? (Who knows, they change directions every day and I have been wrong before but here is my guess anyway):

I think 2001 RIR cases from NY will begin to be processed sometime in the fall. This assumes about 10,000 - 15,000 regional cases getting processed ahead of us and 30,000 SWA cases getting processed ahead of us.
 
JustWatching said:
I posted the message below in the Philly BEC but I wanted to add specific comments about NY....

.....................................................................................................

A POTENTIAL SCENARIO – TO BE CLEAR: I MADE THIS UP. I DIDN’T READ IT ANYWHERE AND IT IS ENDORSED BY NO ONE. IT DESCRIBES WHAT I THINK MAY HAPPEN. DATES ARE MY ESTIMATES

1) San Francisco and Philadelphia Regional entered into the system. - DONE
2) San Francisco and Philadelphia Regional 45-day letters being sent out. - NOW
3) Letters start coming back. Create PD FIFO of both SF and Philly Region - NOW
4) Atlanta Regional being entered into the system - NOW
5) San Francisco and Philadelphia Regional 45-day letters completely sent out. - DONE
6) Begin processing of oldest SF and Philly Regional cases – mid February 2005
7) Atlanta Regional cases entry completed. – end of February 2005
8) All SF and Philly Regions letters received and added to PD FIFO – March 2005
9) Atlanta Regional letters sent out. – March 2005
10) SWA cases begin entering into the system – March 2005
11) Atlanta Regional letters come back – April 2005
12) Processing now includes Philly, SF and Atlanta regions processing oldest cases first – April 2005
13) SWA letters begin to be sent out – April 2005
14) SWA letters begin to come back and added to PD FIFO – May 2005
15) Processing is now by PD FIFO which includes Philly, SF, Atlanta Regions and SWAs that have been entered into the system. – May 2005
16) All SWAs entered into the system – March 2006
17) All letters sent out. – April 2006
18) Processing is now true PD FIFO – all states all regions. – April 2006

Conclusions:

a) Some Philly, SF and Atlanta regional cases will get lucky and get processed ahead of some national (at least those that are bound to Philly BEC) older cases. As of May 2005 (IN MY PRETEND SCENARIO), older cases from SWAs such as Connecticut, DC, Georgia, Maryland, NJ, NY, and Alabama would jump to the front of the line.

b) If they data enter SWA cases from oldest to newest, true PD FIFO would be achieved by May 2005 (IN MY PRETEND SCENARIO)

DISCLAIMER: IT IS JUST A THEORY SO DON’T TAKE IT PERSONAL AND PLEASE COMMENT.

................................................................................................

So to NY what does this mean? (Who knows, they change directions every day and I have been wrong before but here is my guess anyway):

I think 2001 RIR cases from NY will begin to be processed sometime in the fall. This assumes about 10,000 - 15,000 regional cases getting processed ahead of us and 30,000 SWA cases getting processed ahead of us.
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are you estimating these 30000 only as total RIR and NON RIR before 2001 OCT cases?
 
H1-B extension limit

Way the things are going, I am being pessimistic. Does anyone know, if H1-B extensions(based on 365 days old labor pending) after 6 year period is limited to a certain number?. I hear from my friend that, 10 years is the maximum (including 1st 6 years). Is that true??. My 9th year extension is due soon and I don't see a hope where I can be filing 140/485 in next 2 years.

Thanks
 
Reply to Just watching

Just watching

Your analysis and thought process is excellent and shows indepth knowledge of the issue.

Just a query though, recently Murthy's Friday 1/28/05 update said that RIR and Regular are separate buckets. I dont know from where the original rumor of both being together was floated. Is your analysis considering both being processed together? Lets say RIR and Regular is separate, when do you see 2002 NY RIR being processed?

Thanks
 
subbs27 said:
Just watching

Your analysis and thought process is excellent and shows indepth knowledge of the issue.

Just a query though, recently Murthy's Friday 1/28/05 update said that RIR and Regular are separate buckets. I dont know from where the original rumor of both being together was floated. Is your analysis considering both being processed together? Lets say RIR and Regular is separate, when do you see 2002 NY RIR being processed?

Thanks
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First let me talk about my theory on RIR and non-RIR processing.

I believe that there will be separate threads for RIR and non-RIR however there are two factors that make that almost irrelevant:

1) While processing is clearly in two separate queues, the same cannot be said for data entry.

2) While there will be two threads, one for RIR and one for non-RIR, I have a feeling that they will attempt to keep the Priority Date processing dates at a similar path. This in my mind means that resources can and will be reallocated from one queue to another to keep them at a similar pace. Nowhere have they said that equal number of resource will be allocated to each queue.

So, my model stands regardless of whether they are in the same queue or not. If for no other reason that I have no way of predicting anything different.

To answer your question - my best guess would be that NY 2002 RIR cases will be processed in the first 6 months of 2006.
 
JustWatching said:
First let me talk about my theory on RIR and non-RIR processing.

I believe that there will be separate threads for RIR and non-RIR however there are two factors that make that almost irrelevant:

1) While processing is clearly in two separate queues, the same cannot be said for data entry.

2) While there will be two threads, one for RIR and one for non-RIR, I have a feeling that they will attempt to keep the Priority Date processing dates at a similar path. This in my mind means that resources can and will be reallocated from one queue to another to keep them at a similar pace. Nowhere have they said that equal number of resource will be allocated to each queue.

So, my model stands regardless of whether they are in the same queue or not. If for no other reason that I have no way of predicting anything different.

To answer your question - my best guess would be that NY 2002 RIR cases will be processed in the first 6 months of 2006.
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Hi Justwatching:

I am quite impressed with the timeline presented by you on this forum. Do you know, what would happen to the cases which are still in open status in NY or NJ DOL. As to what I know, based on what I was informed at the NJ DOL, that the case will go to NY DOL. Now, do these cases go from NY DOL to the BRC? If yes, then in what order do you think they would be handled there. Any idea...? Is there a priority on cases being forwarded from State DOL or Regional DOLs. Do you know? I am a little confused about this..may be I am missing something.

Your ideas on this would be great!
 
njrirlabor said:
Hi Justwatching:

I am quite impressed with the timeline presented by you on this forum. Do you know, what would happen to the cases which are still in open status in NY or NJ DOL. As to what I know, based on what I was informed at the NJ DOL, that the case will go to NY DOL. Now, do these cases go from NY DOL to the BRC? If yes, then in what order do you think they would be handled there. Any idea...? Is there a priority on cases being forwarded from State DOL or Regional DOLs. Do you know? I am a little confused about this..may be I am missing something.

Your ideas on this would be great!
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First, let me reiterate that I know NOT much more than anyone on this forum, I am just speculating (I have found it to be good therapy while I wait for my labor certification to get processed).

If NJ SWA is doing the same thing as NY SWA, open cases will be processed and sent to NY DOL.

While it has not been explicitly said, I think NY DOL cases will NOT be sent to BECs. I think this is true just because NY DOL will remain open for the rest of the year but who knows for sure.

All unopened cases from SWAs are being sent to BECs. I think Denver, Seattle, Boston and New York regions are not going to send their cases, I think they would have already done so if that was the plan. The other regions have already sent their cases.

Priority on when things are being sent is only part of the situation. The other is the order in which they are entering the cases into the system. I THINK once they are done entering the Regional cases (ie Atlanta in the Philly BEC) they will begin entering SWA cases - oldest first.
 
JustWatching said:
First, let me reiterate that I know NOT much more than anyone on this forum, I am just speculating (I have found it to be good therapy while I wait for my labor certification to get processed).

If NJ SWA is doing the same thing as NY SWA, open cases will be processed and sent to NY DOL.

While it has not been explicitly said, I think NY DOL cases will NOT be sent to BECs. I think this is true just because NY DOL will remain open for the rest of the year but who knows for sure.

All unopened cases from SWAs are being sent to BECs. I think Denver, Seattle, Boston and New York regions are not going to send their cases, I think they would have already done so if that was the plan. The other regions have already sent their cases.

Priority on when things are being sent is only part of the situation. The other is the order in which they are entering the cases into the system. I THINK once they are done entering the Regional cases (ie Atlanta in the Philly BEC) they will begin entering SWA cases - oldest first.
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Thanks for your clairification. Really appreciate it. So where is your case currently. Was your case already opened by NY DOL? Just curious. All the best anyway!
 
I was going to ask Just Watching the same question about our cases.
This mean it will not be processed by BEC in the first 6 months of this year ?

njrirlabor said:
Thanks for your clairification. Really appreciate it. So where is your case currently. Was your case already opened by NY DOL? Just curious. All the best anyway!
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ahalem said:
I was going to ask Just Watching the same question about our cases.
This mean it will not be processed by BEC in the first 6 months of this year ?
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ahalem -

All I can say is, I'm guessing and I hope I am wrong but I have a feeling that our cases (November 2001) will not be processed until the fall.
 
I know what you mean, I was worry that you are going to say so....

Do not you think we are the unluckiest guys ever with the DOL history ?

JustWatching said:
ahalem -

All I can say is, I'm guessing and I hope I am wrong but I have a feeling that our cases (November 2001) will not be processed until the fall.
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